You're an Inventor

No – an idea alone, a general concept without a specific solution, cannot be protected. A patent protects a concrete solution described clearly enough for a skilled person to reproduce it. This means that to file for a patent you need to prepare a detailed specification of the solution (though you don't have to put it into practice yet). Program code itself is additionally protected by copyright – automatically, with no registration. The best strategy: develop your idea into a working solution and secure protection before you disclose it.

As a rule, the right to obtain a patent belongs to the inventor. But if the invention was made as part of employment duties or under another contract (e.g. a mandate contract, a contract for specific work or R&D work), that right belongs by statute to the employer or the commissioning party – unless the parties agreed otherwise. What matters most, then, is the wording of your contract and the scope of your duties. Importantly, no matter who owns the patent, you are always named as the inventor.

Under Polish law, it is additional remuneration owed to the inventor (unless waived) when the invention is used by the business that acquired the rights – most often the employer. If the parties did not set the amount in a contract, it is determined in fair proportion to the benefits the company derives from the invention, taking into account the support the inventor received and the scope of their duties. The remuneration is paid no later than two months after the first benefits are obtained. If the profits turn out significantly higher than expected, the inventor may demand an increase.

In practice, the strongest evidence is your filing date – the patent system follows the first-to-file rule, so don't put it off for too long. Until then, secure a paper trail: dated work records, emails, a code repository with version history, signed notes and reports. If you show the idea to others (investors, partners), do it under a non-disclosure agreement (NDA). Such records help establish who created the solution and when, should an authorship dispute arise – but real protection only begins with a patent application.

Better not. In Europe (the European Patent Office, EPO) and in Poland in particular, any public disclosure before the filing date – a research article, a conference talk, even a poster – destroys the novelty of the invention and usually closes the door to a patent. The rule is simple: file first, publish later. If you must disclose the solution earlier, do it under an NDA. Note: the US allows a 12-month grace period, so you may still be able to patent a recently disclosed (and not yet filed) solution there.

Leaving the company changes nothing. If the invention was made during your employment, within your duties, the right to the patent stays with the employer after you leave. What stays with you: the right to be named as the inventor (personal and non-transferable) and the right to remuneration for the use of the invention (unless you waived it). Solutions developed after you leave, outside your duties to the former employer, are usually not covered by the old contract.

Best to put it in writing before any dispute arises – in proportion to each person's actual creative contribution, not their seniority or position. If the shares can't be established, the law presumes they are equal, but that presumption can be rebutted with evidence of contribution. Remember that each co-owner may use the invention on their own and independently pursue infringement claims. That's why it's worth signing a co-ownership agreement that settles use, costs, licensing and revenue sharing.

Yes – a great many software solutions can be patented, both in the US and in Europe. In Europe, the software must have a technical character (for example, it processes image, audio, technical or health data, or improves how users interact with the computer). The innovation can lie in the software alone – it doesn't need any connection to the hardware layer.

Above all, it depends on one thing: whether you can detect that someone is copying your solution. A patent requires full disclosure of the invention and in return you get 20 years of exclusivity. But if infringement is practically impossible to prove (e.g. an algorithm hidden on a server), disclosing it in a patent can be a pure loss – protection as a trade secret may serve you better. A trade secret can last forever (the classic example is the Coca-Cola recipe), but only for as long as you genuinely guard it: NDAs, access controls, procedures.

A patent is just one of many tools. You can also use a utility model (for mechanical structures), an industrial design (product appearance), a trademark (name, logo), copyright (code, texts, graphics – protected automatically) and trade secrets. De facto advantages count too: the complexity of your technology and a head start over the competition. The best results usually come from combining several forms of protection – e.g. a patent for the solution, a trademark for the brand and trade secrecy for the know-how. The right mix depends on your product, budget and stage of development.